On October 4 (next Tuesday), CLR and the Catholic Law Student Society at St. John’s University School of Law will co-host an event devoted to Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. The Supreme Court hears oral argument in this case on October 5, so it could not be more timely. I will be talking about the case — one of the most important religious liberty cases to come before the Court in at least two decades — and the doctrine of the ministerial exemption generally. There will then be a period of questions, discussants to include my colleagues David Gregory and Mark Movsesian as well as Mr. Peter J. Johnson, Jr., president of Leahy & Johnson, P.C. I hope to record my thoughts about the discussion here.
The event will occur in the 4th floor Atrium at 5:30 pm. All are welcome. If you are in the area, please stop by to say hello. — MOD
UPDATE: Just after I posted this, I noticed this article about the case. Likely there will be many similar pieces in the coming days. In my view, this article is misleadingly titled. The case is not about religious institutions’ power to “declare” that their employees are exempt from “federal protections.” It is about whether and in which circumstances (if ever) the Constitution, as interpreted by the Supreme Court, limits the reach of anti-discrimination law. It may or it may not; but in either case, little turns on anybody’s individual declarations (though conceivably if an institution explicitly waived its rights, that might be relevant).